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Home My WebLink AboutReg 2014-10-06 Item 4E - Contract Supplement #2 - Bridge Funding Assistance Services with David Evans Associates for $26,209.63COUNCIL AGENDA SYNOPSIS rnitiats Meeting Date 10/06/14 Prepared by BG -/ Mayor's review Council reaie ITEM INFORMATION ITEM No. STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 10/06/14 AGENDA ITEM TITLE. 2014 Annual Bridge Inspections and Repairs Supplemental Agreement No. 2 with David Evans and Associates (DEA) / CATEGORY 1 Dimas/on Aftg Date vi Motion ❑ Resolution Aftg Dale ❑ Ordinance Mfg Date ❑ Bid Award Aftg Date ❑ Public Hearing Aitg Date IS Other AN Date 10/06/14 Altg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance E Fire II IT ❑ P2'&R I. Police ►1 Pile' SPONSOR'S David Evans and Associates is currently the consultant for the 2014 Annual Bridge SUMMARY Inspections with Contract No. 14 -019 for Bridge Funding Assistance Services. This Supplement No. 2 will allow DEA to perform scour analyses ` on City -owned bridges that are required by the National Bridge Inspection Standards. Council is being asked to approve Supplemental Agreement No. 2 in the amount of $26,209.63, bringing the total contract amount to $64,403.83. REVIEWED BY U COW Mtg. ❑ Utilities DATE: 09/22/14 U CA &P Cmte ❑ F &S Cmte Comm. CHAIR: 01 Transportation Cmte Cmte ❑ Arts Comm. ❑ Planning Comm. ALLAN EKBERG I, Parks COMMI1'1'EE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE RI[ ]UIRIiD AMOUNT BUDGETED APPROPRIATION REQUIRED $64,403.83 $70,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGES 10, 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/06/14 MTG. DATE ATTACHMENTS 10/06/14 - Informational Memorandum dated 09/19/14 (revised after 9/22 TC) Contract Amendments No. 2 and No. 1 Original Consultant Agreement Minutes from the Transportation Committee meeting of 09/22/14 39 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Grant Griffin, Senior Program Manager DATE: September 19, 2014 SUBJECT: 2014 Annual Bridge Inspections and Repairs Bridge Funding Assistance Services Project No. 91410402, Contract No. 14 -019 Supplemental Agreement No. 2 with DEA, Inc. ISSUE Approve Supplemental Agreement No. 2 to consultant Contract No. 14-019 with David Evans and Associates, Inc. (DEA) for additional bridge analysis. BACKGROUND Base Contract No. 14 -019 with DEA provided engineering services for the 2014 Call for Bridge Projects. Since the base contract was less than $40,000, it was signed by the Mayor without any Council approval. This work required scour analysis on the 42nd Avenue South Bridge. While researching this work, DEA discovered that the US Army Corps of Engineers had developed computer flow models for the entire reach of the Green /Duwamish River, over which numerous Tukwila bridges span. These models, along with the other scour work that DEA has already done, will allow Tukwila to obtain scour analyses for 12 City owned bridges at a substantial savings over the cost of beginning from scratch. DEA's Contract Amendment No. 2 will provide scour analysis reports for 12 bridges including emergency work done on the Klickitat Elevated Walkway after the land slide last spring. ANALYSIS DEA will perform scour analyses as required by the National Bridge Inspection Standards (NBIS), 23 CFR 650C. This portion of the Code of Federal Regulations requires that all bridges listed in the National Bridge Inventory be analyzed for scour risk during high water events. BUDGET SUMMARY The cost estimate submitted by DEA is $26,209.63 increasing the maximum amount payable to $64,403.83. Since this amendment increases the total contract cost from less than $40,000 to more than $40,000, Council approval is required. Funds will be supplemented from the construction budget to cover the contract costs. Contract 2014 Design & CM Budget Bridge Funding Assistance Services $ 38,194.20 $ 40,000.00 Supplement No. 2 26,209.6.3 30,000.00 Total $ 64,403.83 $ 70.000.00 RECOMMENDATION Council is being asked to approve Contract Amendment No. 2 to Contract No. 14 -019 with David Evans and Associates, Inc. in the amount of $64,403.83 for the Bridge Funding Assistance Services Project and consider this item on the Consent Agenda at the October 6, 2014 Regular Meeting. Attachments: Contract Amendment No. 2 and 1 Original Consultant Agreement W.1PW EngIPROJECTS'A• RW & RS Prolecls1Bridge Inspection Prograrnslendge Inspections 2014 (91410402)\DEA WRAC ❑ata1ln[o Memo DEA anew Data Contract Sup2-st1 41 City of Tukwila 6200 Southcenter Boulevard, Tukwila, WA 98188 Agreement Number: 14 -019 CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and David Evans and Associates, Inc. That portion of Contract No. 14 -019 between the City of Tukwila and David Evans and Associates, Inc. is amended as follows: •Added Scope of Work as Shown in Exhibit Al •Added Fee relative to new Scope, as shown in Exhibit B. New maximum amount payable: $64,4 03.83 •Extended Contract End Date to June 30th, 2015 All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CITY OF TUKWILA CONTRACTOR Jim Haggerton, Mayor Printed Name/Title: Richard Hovde, PE, Associate ATTEST /AUTHENTICATED APPROVED AS TO FORM City Clerk City Attorney CA: 2012 Page 1 of 1 43 44 Exhibit A Summary of Payments DOT Form 140 -063 EF Revised 10/97 45 Basle Agreament Supplement #1 Supplement #2 Total Direct Salary Cost $ 12,291.00 $ 8,668.05 $ 20,959,05 Overhead (including Payroll Additives) $ 21,700.50 $ 14,817.16 $ 36,517.66 Direct Non -Salary Costs $ 515.40 $ 124.00 $ 639.40 Fixed Fee $ 3,687.30 $ 2,600.42 $ 6,287.72 Total $ 38,194.20 $ 26,209.63 $ 64,403,83 DOT Form 140 -063 EF Revised 10/97 45 EXHIBIT A -1 AMENDMENT 2- ADDITIONAL SCOUR ANALYSIS CITY OF TUKWILA BRIDGE FUNDING PROJECT SCOPE OF WORK I. PROJECT DESCRIPTION AND DELIVERABLES PROJECT DESCRIPTION David Evans and Associates, Inc. (CONSULTANT) will provide professional engineering and support services in support of the Bridge Funding Project (PROJECT) under the direction of City of Tukwila (CITY) as described in this Scope of Work (SCOPE). The CITY is responsible for thirteen bridges that cross over the Green/Duwamish River. CONSULTANT will conduct scour analysis on twelve of these bridges as described in the following SCOPE. I structure Id bridge_.no bridge_name feature_intersected 408561400 UKWILA -02 FRANKZEPP BRIDGE GREEN RIVER 008544400 TUKWILA-03 LOIS T NEWTON GREEN' RIVER 0014269D fTUKWILA-05 SC BLVD, GREEN RIVER BR GREEN RIVER 108166200 TUKWILA-06 FOSTER 56 AVE SO DUWAMISH RIVER '08110200 TUKWILA -09 EAST MARGINAL WAY DUWAMISH RIVER 08651500 ITUKWILA -15 ' TUKWILA INTL BLVD DUWAMISH RIVER X08104300 ITUKWILA-16 SO. 118TH PED DUWAMISH RIVER 08584100 ITUKWILA-17 FFOSTER GOLF COURSE PED GREEN RIVER 08584200 ITUKWILA-18 GREEN RIVER PED & UTILIT GREEN RIVER 108742500 ITUKWILA-19 INTERURBAN TRAIL BRIDGE GREEN RIVER 108328300 ITUKWIIA -21 FORT DENT PARK BRIDGE GREEN RIVER 08718400 fTUKWILA-22 FORT DENT TRAIL BRIDGE GREEN RIVER 1.0 PROJECT MANAGEMENT AND QUALITY CONTROL The CONSULTANT shall provide professional engineering management and supervision throughout the duration of the PROJECT. This effort will include the following elements: 1.1. Overall project management; 1.2. Progress monitoring; 1.3. Quality management, including review and back check of all deliverables; 1.4. Scheduling; 1.5. Monthly invoices and progress reports. David Evans and Associates, Inc. 1 Amendment 2, Tukwila Bridge Funding Project September 16th, 2014 Scope of Work 46 Deliverables: 1) One monthly invoice with a progress update for the duration of the PROJECT. 2.0 BRIDGE SOUNDINGS 2.1. The CONSULTANT shall conduct soundings from the upstream rail on twelve (12) City of Tukwila bridges. The data collected from the soundings will be analyzed in spreadsheet form. The datum will be matched to NAVD 88 and compared to as -built information to determine if significant scour has occurred over time. Results of the sounds will be included in the Summary Report listed in Task 4. Assumptions: 1) Plans for all twelve bridges exist in order to get as -built ground line. Deliverables: 1) One printed and one electronic scour sounding sheet for each bridge showing current ground line and as -built ground line. 3.0 SCOUR ANALYSIS 3.1. The CONSULTANT shall conduct a scour analysis on twelve (12) City of Tukwila bridges. The existing US Army Corps of Engineers HEC RAS model will be used for this analysis. Modeled cross sections will be compared to the sounding data collected in Task 1, but the model will not be modified. 3.2. The CONSULTANT shall prepare a Summary Report that includes the results of the scour analysis. This will serve as an addendum to the report already provided for the Tukwila 14 bridge over 42nd Avenue. A draft copy will be provided to the City for review and comment. Comments will be integrated into the final report. Assumptions: 1) As -built foundation plans and pile driving logs exist. Deliverables: 1) An electronic copy (PDF) of the Draft Report 2) An electronic copy (PDF) of the Final Report 4.0 KLICKITAT AVENUE PEDESTRIAN BRIDGE EMERGENCY RESPONSE On March 24, 2014, the City requested the CONSULTANT to respond to an emergency hillside slide that damaged a portion of the Klickitat Avenue pedestrian bridge. The CONSULTANT responded that day by inspecting the damage and then followed up with developing cost estimates for the City's FEMA application. The labor expended was 15 hours. II. GENERAL ASSUMPTIONS This Scope of Services is based on the following assumptions: David Evans and Associates, Inc. 2 Amendment 2, Tukwila Bridge Funding Project Scope of Work September 16th, 2014 47 1. The budget for the Scope of Services is based on a project schedule of 6 months. 2. The level of effort for a given work task is limited to the amount of labor and expenses indicated in Exhibit B. Out-of-scope services beyond these limits will be provided as Extra Work. DEA reserves the opportunity to shift budget between work tasks and between labor and expenses. III.DOCUMENTS TO BE FURNISHED BY DEA The documents, exhibits, or other presentations as described as Deliverables under SCOPE OF SERVICES ( "Documents ") will be furnished by DEA to the CITY upon completion of the various tasks, Whether the Documents are submitted in electronic media or in tangible format, any use of the Documents on another project or on extensions of this project beyond the use for which they were intended, or any modification of the Documents, or conversion of the Documents to an alternate system or format will be without liability or legal exposure to DEA. The CITY will assume all risks associated with such use, modifications, or conversions. DEA may remove from the electronic Documents delivered to the CITY all references to DEA's involvement and will retain a tangible copy of the Documents delivered to the CITY which will govern the interpretation of the Documents and the information recorded. Electronic files are considered working files only—DEA is not required to maintain electronic files beyond 90 days after project final billing, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal, IV. ITEMS AND SERVICES TO BE FURNISHED BY THE CITY The CITY will provide the following items and services to DEA: 1. Unlimited access to all bridges DEA performs services on; 2. Bridge plans and pile driving records David Evans and Associates, Inc. 3 Amendment 2, Tukwila Bridge Funding Project Scope of Work September 16th, 2014 48 Exhibit B City of Tukwila Bridge Funding Program Contract # 14-019, Supplement #2 David Evans and Associates, inc. 1 2 4 s 18 Work Element # Work Element Project Manager (PMGR) Construction Manager (CONM) Water Resources Engineer (WREN) Design Engineer (DEEM) Project Administrator (PADM) DEA DEA % of direct rates: $57.53 $65.60 $46.70 St9'.SO 528.3:, L Total Total Total Total Total hrs hrs hrs hrs hrs Total hrs Total $ Total Hours 1.0 Protect Management & quality Control 1.1 Project Management 1.2 Subconsultant Coordonation 1.3 Develop and Update the Schedule 1.4 Monthly Progress Reports and Invoices 1.5 Coordination Meetings 1.6 quality Assurance/QualtyControl Review 6 4 4 1 1 1 1 4 12 11 1 1 21 10.0 16 40 10 16 40 3 18 2 72 5 90 5.5 €i 1 2 5.5 6 1 2 10 4 4 15 34 66 66 21 74 95 15 15 $1,378.91 $340.66 $457.43 $1,714.15 $3,891.15 -:t .:i' ',i .,. $6,326.36 $3,048.82 $10,464 89 $13,513,71 :r..2.,;).1 ,v,) $2,354.40 $124.00 4.77 % 1.91% 1.91% 7.64% 16.23% 31.50% 31.50% 10.02% 35.32% 45.35% 6 92!0 6.92% Work Element 1.0 Total 2.0 Structural Inspection 2.1 Soundings Work Element 2.0 Total 3.0 Scour Analysis 3.1 Scour Analysis 3.2 Scour Analysis -Report Work Element 3.0 Total 4.0 Klickltat Avenue Pedestrian Bridge Emergency Response Work Element 4.0 Total EXPENSES PROJECT WORK ELEMENTS TOTALS 31.5 6 107 42 23 200.5 $26,209.63 100.00% 49 Exhibit B City of Tukwila Bridge Funding Program Contract # 14 -019, Supplement #2 David Evans and Associates, Inc. Classification Hrs. 1 Project Manager (PMGR) Rich Hovde 32 2 Construction Manager (CONM) Mo Sheikhizadeh 6 4 Water Resources Engineer (WREN) Karen Comings 107 5 Design Engineer (DEEM) Collin Foxley 42 18 Project Administrator (PADM) Jodi Wills 23 Direct Rate Cost 1,811.25 390.00 4,996.90 819.00 650.90 $ 57.50 $ 65.00 $ 46.70 $ 19,50 $ 28.30 Total Hrs. 210 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost Total Salary Cost Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost 0% per year @ 0 year(s) 170.94% 30.0% of Direct Labor of Direct Labor 8,668.05 0.00 8,668.05 14,817.16 2,600.42 17,417.58 Direct Expenses Reproduction Costs Copies Reports Plans Parking Mail /Deliveries /Fed Ex Mileage Subtotal No. Unit Each Cost 200 0 0 0 0 200 pages @ reports @ sets @ miles @ $0.06 $15 $2 $8 $20 $0.560 /page $ 12.00 /report $ /set $ /mile $ 112.00 124.00 David Evans and Associates Total 26,209.63 50 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 14 -019 (0- CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and DEA Inc. That portion of Contract No. 14 -019 between the City of Tukwila and DEA, Inc. is amended as follows: Section 3: Duration of Agreement; Time for Performance. This agreement shall be in full force and effect for a period commencing upon execution and ending December 31$', 2015, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work produce required pursuant to this Agreement no later than June 30th, 2015 unless an extension of such time is granted in writing by the City. All other provisions of the contract shall remain in full force and effect. Dated this 11 day of CITY OF TUKWILA ATTEST/AUTHENTICATED City Cierk CAI 2012 b[ ,20 ) L4 CONSULTANT Fri d Name/Title: Mc t4 PAD p pE ept. vie oPtararnvm Aliwira4CIAtt. APPROVED AS TO FORM City Attorney 6x:/6/.11/4LS Page 1 of 1 51 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 14 =0.19 Council Approval .NIA, CONSULTANT AGREEMENT FOR BRIDGE FUNDING ASSISTANCE SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and David Evans and Associates, Inc., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Bridge Funding Assistance services in connection with the project titled City of Tukwila Bridge Funding Project. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 315`, 2014, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than September 30th, 2014 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed 38,194.20 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 6216 /A/4-LS 52 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, to the extent arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. CA revised : 1 -2013 Page 2 53 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised : 1 -2013 54 Page 3 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised : 1 -2013 Page 4 55 56 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: 1j colt C-Vc r'\S (Lv1d t Acs_ ,tle,v tie, uUA `ll Goa 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this i , I J- day of kr 1)1 u ( ) , 201 CITY OF TUKWILA CONSULTANT Mayor m Hagge Attest/Authenticated: City Clerk, ChiYy 0 F1ah`erty CA revised : 1 -2013 By: /// V 1 Printed Name: Jeff Parker, PE Title: Senior Associate Approved as to Form: Office of the City Attorney Page 5 EXHIBIT A SCOPE OF SERVICES CITY OF TUKWILA BRIDGE FUNDING PROJECT I. PROJECT DESCRIPTION and DELIVERABLES PROJECT DESCRIPTION David Evans and Associates, Inc. (CONSULTANT) will provide professional engineering and support services in support of the Bridge Funding Project (PROJECT) under the direction of the City of Tukwila (CLIENT) as described in this Scope of Services. 1.0 PROJECT MANAGEMENT The CONSULTANT shall provide professional engineering management and supervision throughout the duration of the PROJECT. This effort will include the following elements: 1.1 Overall Project Management; 1.2 Total Project Cost Estimate(s); 1.3 Project Schedule; 1.4 Progress Monitoring and Reporting; 1.5 Client Coordination; 1.6 Monthly Invoices; 1.7 Quality Assurance. DELIVERABLES 1) One invoice per month along with a progress report for the duration of the PROJECT. 2.0 BRIDGE INSPECTION CONSULTANT will perform an unscheduled special inspection of the lower chords, gusset plates and floor beams of the truss to determine the amount of section loss present in support of grant funding applications towards bridge replacement or rehabilitation to the following bridge: TUKWILA -14, 42nd Ave South (SID 08109700) ASSUMPTIONS 1) King County maintenance crews will thoroughly clean the lower chords and panel points prior to inspection by DEA. DEA bears no responsibility for costs incurred from cleaning efforts. 2) Equipment rental (UBIT) will be provided by CLIENT. DELIVERABLES DAVID EVANS and ASSOCIATES, INC. 1 SCOPE of SERVICES 57 1) One unscheduled special inspection report detailing the amount of section loss in lower chords, gusset plates and floor beams. 2) Updated NBI codes, BMS quantities, and inspection report Notes 113, 126,152 and added BMS element 133 with notes. 4.0 SCOUR ANALYSIS The CONSULTANT will provide the following services to the following bridge to determine if the bridge is scour critical: TUKWILA -14, 42nd Ave South (SID 08109700) 4.3) Determine hydrology of drainage basin to estimate flows up to 500 -year flow; 4.4) Estimate scour calculation variables by using readily available information; 4.5) Perform scour analysis using HEC -18, Evaluating Scour at Bridges, Fifth Edition. ASSUMPTIONS 1) Basic information needed for performing scour analysis may be obtained from existing hydraulic studies on the Green and Duwamish Rivers by the US Army Corps of Engineers and will be utilized to reduce the costs to the CLIENT as opportunities present themselves and are agreeable to both CLIENT and CONSULTANT; 2) All foundation depths will be known, such that a complete scour analysis can be performed. DELIVERABLES 1) One scour analysis memorandum; 2) Updated NBI codes and inspection report Note 680. 5.0 LOAD RATING The CONSULTANT will use AASHTO's Manual for Bridge Evaluation 2011 2 "d edition, WSDOT's Bridge Design Manual 2012, and WSDOT's TRIAGE Gusset Plate analysis spreadsheet to provide the following services to determine the load carrying capacity of the lower gusset plates for the following bridge: TUKWILA -14, 42nd Ave South (SID 08109700) 5.3) Review existing plans and documents; 5.4) Load rate the steel truss's lower gusset plates using WSDOT's TRIAGE Gusset Plate analysis spreadsheet, LRFR methods and sections from existing plans, and new sections from unscheduled special inspection. DELIVERABLES 1) One stamped and signed load rating; 2) Updated NBI codes and inspection report Note 11. ASSUMPTIONS 1) Existing bridge load rating will be modified as needed to reflect new conditions. 2) Gusset plates will be load rated using WSDOT's Triage gusset plate load rating program. DAVID EVANS and ASSOCIATES, INC. 2 SCOPE of SERVICES 58 7.0 SPECIAL STUDIES and FUNDING ASSISTANCE The CONSULTANT will provide the following services to the CLIENT in support of grant funding applications towards bridge replacements or rehabilitations up to the limit provided by the labor estimate in Exhibit B: DELIVERABLES 1) Summary recommendation of findings for all bridges. 7.5 BRIDGE SEISMIC PROGRAM The CONSULTANT will use minimal analysis and examination of existing bridge plans of the superstructure and substructure to identify opportunities where standard seismic retrofit designs would seismically strengthen the following bridges: TUKWILA -08, Grady Way Bridge (SID 08543600) TUKWILA -02, Frank Zepp Bridge (SID 08561400) ASSUMPTIONS 1) Our understanding is limited to that necessary for funding application assistance and not intended to identify a complete design for construction. DELIVERABLES 1) Redline markups of existing plans with standard seismic retrofit designs and locations; 2) A total project cost estimate that includes Preliminary Engineering, Final Design, Construction, Construction Management, Construction Engineering, and Construction Inspection for each bridge and as a combined seismic program for the four bridges. 7.6 BRIDGE PAINT PROGRAM The CONSULTANT will provide a visual paint inspectionand will review and update the NBI codes and BMS quantity to accurately reflect the deterioration of the paint for the following bridges: TUKWILA -13, Beacon Avenue South (SID 07996800) TUKWILA -02, Frank Zepp Bridge (SID 08561400) DELIVERABLES 1) Written paint assessment; 2) Updated NBI codes, BMS quantities, and notes on paint condition. 3) A total project cost estimate that includes Preliminary Engineering, Final Design, Construction, and Construction Inspection for each bridge. ASSUMPTIONS 2) Our understanding is limited to that necessary for funding application assistance and not intended to identify a complete design for construction. 3) It is assumed that there is existing lead paint on Tukwila -13 and the cost estimate will reflect removal or encapsulation of this lead paint. DAVID EVANS and ASSOCIATES, INC. 3 SCOPE of SERVICES 59 7.7 BRIDGE DECK & JOINT PROGRAM The CONSULTANT will provide a visual deck assessment, chain drag test to determine extent of delaminations, and will review and update the NBI codes and BMS quantity to accurately reflect the deterioration of the deck and joints for the following bridge: TUKWILA -02, Frank Zepp Bridge (SID 08561400) DELIVERABLES 1) Written assessment of deck and joint condition; 2) A total project cost estimate that includes Preliminary Engineering, Final Design, Construction, and Construction Inspection for a deck overlay project, a joint replacement project, and a combined deck & joint project. 3) Updated NBI codes, BMS quantities, and notes on deck and joint condition. II. GENERAL ASSUMPTIONS This Scope of Services is based on the following assumptions: 1. The budget for the Scope of Work is based on a project schedule of six months; 2. The level of effort for a given work task is limited to the amount of labor and expenses indicated in Exhibit B. Out -of -scope services beyond these limits will be provided as Extra Work. DEA reserves the opportunity to shift budget between work tasks and between labor and expenses. III. DOCUMENTS TO BE FURNISHED BY DEA The documents, exhibits, or other presentations as described as DELIVERABLES under SCOPE OF SERVICES ( "Documents ") will be furnished by DEA to the CLIENT upon completion of the various tasks. Whether the Documents are submitted in electronic media or in a tangible format, any use of the Documents on another project or on extensions of this project beyond the use for which they were intended, or any modification of the Documents, or conversion of the Documents to an alternative system or format will be without liability or legal exposure to DEA. The CLIENT will assume all risks associated with such use, modifications, or conversions, DEA may remove from the electronic Documents delivered to the CLIENT all references to DEA's involvement and will retain a tangible copy of the Documents delivered to the CLIENT which will govern the interpretation of the Documents and information recorded. Electronic files are considered working files only — DEA is not required to maintain electronic files beyond 90 days after project final billing, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. IV. ITEMS AND SERVICES TO BE FURNISHED BY THE CLIENT The CLIENT will provide the following items and services to DEA: 1. Under Bridge Inspection Truck (UBIT) for the unscheduled special inspection; 2. Traffic control for all of the unscheduled special inspections; 3. Unlimited access to all bridges DEA performs services on; 4. Bridge plans, pile driving records, and other pertinent files to assist DEA fulfill the contract efficiently. DAVID EVANS and ASSOCIATES, INC. 4 SCOPE of SERVICES 60 Cost Estimate Summary City of Tukwila Bridge Funding Program Project COST HOURS LABOR TOTAL $ 37,678.80 267 PROJECT MANAGEMENT $ 3,485.54 30 BRIDGE INSPECTION $ 4,929.42 37 TUNNEL INSPECTION $ - 0 SCOUR ANALYSIS /MITIGATION $ 6,486.72 40 LOAD RATING $ 8,982.09 54 ASSET MANAGEMENT $ - 0 SPECIAL STUDIES & FUNDING ASSISTANCE $ 13,795.02 106 DIRECT COST TOTAL $ 515.40 Total Reproduction Costs $ 12.00 Total Travel Costs $ 203.40 Total Subconsultant Costs $ Total Equipment Costs $ 300.00 TOTAL NOT -TO- EXCEED $ 38,194.20 EXHIBIT B TukwilaBridgeFunding- V2- RPH.xlsx Summary 1/30/2014 61 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 2.0 2.1 2.2 2.3 2.31 2.32 2.33 2.34 2.35 2.4 2.5 2.6 2.7 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.81 4.82 4.83 4.84 4.9 5.0 5.1 5.2 5.3 5.4 5.5 5.6 6.0 6.1 6.2 6.3 6.4 6.5 7.0 7.1 7.2 7.3 7.4 7.41 7.42 62 Labor Estimate City of Tukwila Bridge Funding Program Project p PROJECT MANAGEMENT David Evans & Associates Subconsultants g O3 c if e g =off g T. .E. c ` ,� w w of u < N n z � ` i'7 L5 4 Project Management 6 3 Bridge Inspections TUKWILA -14 Hydrology Cost Estimates 2 4 2 Survey, Cross Sections Project Schedules 4 1 Hydraulic Modeling Progress Monitoring & Reporting 1 1 Scour Analysis /Hydraulic Report Client Coordination 2 2 Update NBI Codes /Report Monthly Invoices 5 8 8 Scour Mitigation Design Quality Assurance 10 4 2 8 Repair Alternatives Analysis Project Management Total Hours 19 BRIDGE INSPECTION 11 0 0 0 0 0 0 0 0 0 0 Scheduling TUKWILA-14 1 Travel 4 6 4 Bridge Inspections TUKWILA -14 Hydrology Routine 2 4 2 Survey, Cross Sections Fracture Critical 4 40 Hydraulic Modeling Special Feature 1 Scour Analysis /Hydraulic Report Underwater 20 5 Update NBI Codes /Report Unscheduled Special 2 8 8 Scour Mitigation Design Inspection Reports 2 8 Repair Alternatives Analysis Repair List Permit Assistance Executive Summary CAD Support Quality Control Review 1 1 PS &E Bridge Inspection Total Hours TUNNEL INSPECTION 1 5 11 0 20 0 0 0 Scheduling Travel Inspection Inspection Reports Repair List Executive Summary Quality Control Review Tunnel Inspection Total Hours 0 0 0 0 0 0 0 0 0 0 0 0 SCOUR ANALYSIS /MITIGATION TUKWILA-14 Travel Site Visit & Review Existing Data 6 Hydrology 2 4 2 Survey, Cross Sections 4 40 Hydraulic Modeling 1 Scour Analysis /Hydraulic Report 20 5 Update NBI Codes /Report 2 Scour Mitigation Design Repair Alternatives Analysis Permit Assistance CAD Support PS &E Quality Control Review 2 2 2 Scour Analysis /Mitigation Total Hours 2 36 0 2 0 0 0 0 0 0 LOAD RATING TUKWILA•14 Travel Site Visit Document Review 4 2 Load Rate 40 Summary Sheet /Update NBI 1 Quality Control Review 2 5 Load Rating Total Hours ASSET MANAGEMENT 0 3 49 0 2 0 0 0 0 0 Travel Asset Definition Inventory Assets Minimum Performance Level Develop Action Plan Asset Management Total Hours 0 SPECIAL STUDIES & FUNDING ASSISTANCE 0 0 0 0 0 0 0 0 0 0 0 Travel Review Existing Files Grant Applications 10 Bridge Replacement Program Site Visit /Scoping Notes New Bridge Alignment - aerial TukwilaBridgeFundng- V2- RPH.xlsx Hours EXHIBIT B $ 38,194.20 7.43 7.44 7.5 7.51 7.52 7.53 7.6 7.61 7.62 7.63 7.7 7.71 7.72 7.73 Labor Estimate City of Tukwila Bridge Funding Program Project Q Y David Evans & Associates Subtonsultants C Bridge Operation Manager Sensor Bridge Engineer Engineer 3 L Construction Manager Ova > N C z N Water Resource Engineer Gentech Engineer Givers Plan /Elevation /Cross Section . Cost Estimate Bridge Seismic Program TUKWILA -08, TUKWILA -02 Plan Review 10 Seismic Retrofit Sketches 10 Seismic Retrofit Cost Estimate 5 2 10 Bridge Paint Program TUKW ILA -13, TUKWILA -02 Paint Inspection 2 2 Paint Assessment 2 6 Paint Cost Estimate 9 4 6 Update NBI & BMS 1 Bridge Deck & Joints Program TUKWILA-02 Deck & Joint Inspection 6 6 Inspection Assessment 2 2 2 Deck & Joint Cost Estimate 4 2 4 n n n 0 0 QA Review /Funding Assistance Total Hours 30 30 0 26 TukwilaBridgeFunding- V2- RPH.xlsx Hours EXHIBIT B $ 38,194.20 63 64 Reproduction Direct Costs City of Tukwila Bridge Funding Program Project Unit Quantity Cost Rate EXHIBIT B Cost Copies 30 Page 200 $ 0.06 $ 12.00 Reports Mileage, Olympia to Tukwila Each 3 $ 15.00 $ - Plans $ 169.50 Set $ 2.00 $ - Binders $ - Each $ 3.00 $ - Mail & Deliveries fed Ex Each 0 $ 20.00 $ - Travel RT Distance Trips Unit Total Reproduction Costs Quantity Cost Rate 12.00 Cost Mileage, Bellevue to Tukwila 30 2 Mile 60 $ 0.565 $ 33.90 Mileage, Olympia to Tukwila 100 3 Mile 300 $ 0.565 $ 169.50 Lodging Day $ - $ 100.00 $ - Per Diem Day $ - $ 46.00 $ - Parking 0 Day $ - $ 20.00 $ - Subconsultants Vendor Unit Quantity Total Travel Costs $ 203.40 Cost Rate Cost Geotechnical Engineers Shannon & Wilson Hour $ - Divers Collins Hour $ - Underwater Report Collins Each $ - Flaggers National Barricade Hour $ - Paint Testing King County Lab Each 0 $ 3,000.00 $ - Equipment Vendor Unit Total Subconsultant Costs Quantity Cost Rate Cost UB -30 Hi -Rail Bridge Access Specialties Hour $ - UB-30 Driver Bridge Access Specialties Hour $ - UB-30 Operator Bridge Access Specialties Hour $ - UB-30 Mobilization fee Bridge Access Specialties Each $ - UB-60 City of Seattle Hour $ 250.00 $ - U B -60 Driver City of Seattle Hour $ 100.00 $ - U B -60 Operator City of Seattle Hour $ 100.00 $ - Bucket Truck Hertz Day $ - Genie Lift Hertz Day $ - Ultrasonics, D -meter Inspection Technologies Week 1 $ 300.00 $ 300.00 Total Equipment Costs $ 300. Total Direct Costs Tukwila Bridge Funding- V2- RPH.xlsx Direct Costs $ 515.40 Project Management Total Hours Bridge Inspection Total Hours Tunnel Inspection Total Hours Scour Analysis /Mitigation Total Hours Load Rating Total Hours Asset Management Total Hours QA Review /Funding Assistance Total Hours Total Labor Hours per Discipline 2014 Cost Rates Overhead Rate Fee Hours, Overhead and Fee Breakdown City of Tukwila Bridge Funding Program Project David Evans & Associates Subconsultants Office Manager Bridge Operation Manager Senior Bridge Engineer ` Engineer 2 Construction Manager 0 a 176.556% r Water Resource Engineer Geotech Engineer 19 11 0 0 0 0 0 0 0 0 0 0 1 5 11 0 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 36 0 2 0 0 0 0 0 0 0 0 0 3 49 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 30 20 30 0 26 0 0 0 0 0 0 0 Labor Cost Overhead Cost Fee Cost Effective Adjusted Rate 52 75 90 L 2 48 0 0 0 0 0 0 0 $ 28.00 I $ 55.00 I $ 55.00' $ 40.00 I $ 35.00 I $ 65.00 1 5 37.20 I $ 48.00 15 34.00 I $ 45.30 I $ 200.00 $ 300.00 176.556% 176.556% 176.556% 176.556% 176.556% 176.556% 176.556% 176.556% 176.556% 176.556% 056 0% 30.0% 30.0% 30.056 30.056 30.0% 30.0% 30.0% 30.0% 30.0% 30.0% 0% 0% Project Management Cost Bridge Inspection Cost Tunnel Inspection Cost Scour Analysis Cost Load Rating Cost Asset Management Cost QA Review /Funding Assist Cost Total Labor Cost by Discipline $ 1,456.00 $ 4,125.00 $ 4,950.00 $ 80.00 $ 1,680.00 $ - 5 - 5 - $ - $ - $ 200.00 $ 300.00 $ 2,570.66 $ 7,282.94 5 8,739.52 $ 141.24 $ 2,966.14 $ - $ - $ - $ - 5 - 5 - 5 - 5 436.80 $ 1,237.50 5 1,485.00 $ 24.00 $ 504.00 $ - $ - $ - $ - $ - $ - $ - 306.6% 306.6% 306.6% 306.6% 306.6% 306.6% 306.6% 306.6% 306.696 306.6% 100.0% 100.0% $ 1,631 5 1,855 5 - $ - $ - $ - $ - $ - $ 5 $ - 5 $ 86 $ 843 $ 1,855 5 - $ 2,146 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 5 - $ - 5 5 172 $ 6,070 $ - $ 245 $ - $ - 5 - $ - 5 - $ - $ - $ - 5 - $ 506 $ 8,262 5 - $ 215 5 - $ - 5 - $ - 5 - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 5 - 5 - 5 - 5 2,575 $ 3,372 $ 5,058 $ - $ 2,790 $ - $ - $ - $ - $ - $ - $ - $ 4,463 $ 12,645 $ 15,175 I- $ 245 $ 5,150 $ - Total Labor Cost by Task 3,485.54 4,929.42 0.00 6,486.72 8,982.09 0.00 13,795.02 9.3% 13.1% 0.0% 17.2% 23.8% 0.0% 36.6% 37,678.80 100.0% EXHIBIT B 66 TRANSPORTATION COMMITTEE - Meeting Minutes September 22, 2014 — 5:15 p.m. — Foster Conference Room City of Tukwila Transportation Committee PRESENT Councilmembers; Allan Ekberg, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Bob Giberson, Robin Tischmak, Gail Labanara, Grant Griffin, Dave Sorensen, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:15 p.m. 1. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Consultant Selection: 2015 Overlay and Repair Program Staff is seeking Council approval to enter into a contract with KPG, Inc. in the amount of $136,727.28 to provide design services for the 2015 Overlay and Repair Program. KPG, Inc. was selected from an evaluation pool of five firms due to their experience with the City and with the overlay program in particular. The purpose of this project is to construct asphalt and concrete pavement overlays at various sections of roadway throughout the City, and the design contract includes 8 potential locations for 2015. A total of $136,727.28 is budgeted, including $36,727.28 remaining from the 2014 Program. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 6, 2014 REGULAR CONSENT AGENDA. B. Supplemental Agreement: 2014 Bridge Inspections and Repairs Staff is seeking Council approval of Supplemental Agreement No. 2 to Contract No. 14 -019 with David Evans and Associates, Inc. (DEA) in the amount of $64,403.83 for engineering services for the Bridge Funding Assistance Services Project. While researching the scour analysis for the 42nd Avenue South Bridge as part of the base contract, DEA discovered that the US Army Corps of Engineers had developed computer flow models for the entirety of the Green /Duwamish River. These models establish the groundwork for lower -cost scour analysis for 12 additional City bridges, and the supplement will allow DEA to perform this work as well as emergency work on the Klickitat Dr elevated walkway. Staff distributed a map and list of Tukwila's bridges with sufficiency ratings and a copy of federal bridge inspection standards. The Committee will receive a briefing on the overall annual bridge inspection program later this year, including new requirements relating to load ratings. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 6, 2014 REGULAR CONSENT AGENDA. III. SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBD) MEETING A summary of the July 15, 2014 meeting was included in the committee packet. Councilmember Robertson requested additional information regarding the Washington State Council of Fire Fighters resolution on oil train safety. 67